UTAH FUNERAL DIR. & EMB. ASS'N v. MEMORIAL GARDENS

No. 10236.

17 Utah 2d 227 (1965)

408 P.2d 190

UTAH FUNERAL DIRECTORS & EMBALMERS ASSOCIATION, A UTAH CORPORATION, ON BEHALF OF ITS MEMBERS, AND UNION MORTUARY COMPANY, A UTAH CORPORATION ON BEHALF OF ITS MEMBERS AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFFS AND APPELLANTS, v. MEMORIAL GARDENS OF THE VALLEY, INC., A UTAH CORPORATION, MEMORIAL TRUSTS, INC., A UTAH CORPORATION, LAKE HILLS, A UTAH CORPORATION, AULTOREST MEMORIAL CORPORATION, A UTAH CORPORATION, HAL S. BENNETT, DONALD HACKING AND RAYMOND W. GEE, MEMBERS OF THE BUSINESS REGULATION COMMISSION OF THE STATE OF UTAH, AND VIRGIL L. NORTON, COMMISSIONER OF INSURANCE OF THE STATE OF UTAH, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

November 26, 1965.


Attorney(s) appearing for the Case

C.N. Ottosen, Pugsley, Hayes, Rampton & Watkiss, Salt Lake City, for appellant.

Skeen, Worsley, Snow & Christensen, Backman, Backman & Clark, Salt Lake City, Richards, Alsup & Richards, Ogden, Lamoreaux & Gibson, Charles Welch, Jr., Phil L. Hansen, Atty. Gen., H. Wright Volker, Spec. Asst. Atty. Gen., Salt Lake City, for respondent.


WADE, Justice:

Plaintiff and Appellant brought this action for a declaratory judgment on the right to solicit the business of burial and funeral services for dead human bodies. They claim such solicitation violates professional and ethical standards. The trial court entered judgment against the plaintiffs and in favor of the defendants, and the plaintiffs appeal, claiming the following errors were committed by the court when it failed to hold:

1) That any...

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